do-me/EUR-LEX huggingface dataset:
Decision of the EEA Joint Committee No 49/2016 of 18 March 2016 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1879]
Date: 2016-03-18
Institutions: EEA Joint Committee
Subjects: EU control, European Economic Area, drug addiction, drug traffic, health risk, illicit trade, market supervision, medicinal product, psychotropic substance, revision of an agreement




L_2017270EN.01001601.xml










19.10.2017   


EN


Official Journal of the European Union


L 270/16








            DECISION OF THE EEA JOINT COMMITTEE
         
No 49/2016
of 18 March 2016
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1879]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Regulation (EU) No 1258/2013 of the European Parliament and of the Council of 20 November 2013 amending Regulation (EC) No 273/2004 on drug precursors (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Chapter XIII of Annex II to the EEA Agreement shall be amended as follows:






1.


The following is added in point 15x (Regulation (EC) No 273/2004 of the European Parliament and of the Council):

                              ‘, as amended by:






—



32013 R 1258: Regulation (EU) No 1258/2013 of the European Parliament and of the Council of 20 November 2013 (OJ L 330, 10.12.2013, p. 21).’
                                 














2.


In adaptation (b) of point 15x (Regulation (EC) No 273/2004 of the European Parliament and of the Council), the words ‘Article 15’ shall be replaced by ‘Article 14a’ and the reference to ‘Article 10 of Regulation (EEC) No 3677/90’ shall be replaced by a reference to ‘Article 30 of Council Regulation (EC) No 111/2005’.






Article 2
The text of Regulation (EU) No 1258/2013 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 19 March 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 18 March 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 330, 10.12.2013, p. 21.

(*1)  No constitutional requirements indicated.
Case F-23/15: Judgment of the Civil Service Tribunal (Second Chamber) of 18 March 2016 — Kerstens v Commission (Civil Service — Officials — Obligations — Acts contrary to the dignity of the civil service — Dissemination of insulting remarks with regard to another official — Article 12 of the Staff Regulations — Disciplinary procedure — Enquiry in the form of an examination of the facts — Reprimand — Article 9(1)(b) of Annex IX to the Staff Regulations — Consequences of the irregularity)
Date: 2016-03-18
Institutions: Civil Service Tribunal
Subjects: European official, defamation, disciplinary proceedings, staff regulations (EU)








C_2016156EN.01005502.xml










2.5.2016   


EN


Official Journal of the European Union


C 156/55






Judgment of the Civil Service Tribunal (Second Chamber) of 18 March 2016 — Kerstens v Commission
(Case F-23/15) (1)

((Civil Service - Officials - Obligations - Acts contrary to the dignity of the civil service - Dissemination of insulting remarks with regard to another official - Article 12 of the Staff Regulations - Disciplinary procedure - Enquiry in the form of an examination of the facts - Reprimand - Article 9(1)(b) of Annex IX to the Staff Regulations - Consequences of the irregularity))
(2016/C 156/77)
Language of the case: French

Parties


Applicant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: T.S. Bohr and C. Ehrbar, acting as Agents)

Re:

Application for annulment of the decision to impose a disciplinary penalty in the form of a reprimand on the applicant.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Petrus Kerstens to bear his own costs and to pay the costs incurred by the European Commission.






(1)  
            OJ C 127, 20.4.2015, p. 42.
Special Report No 9/2016 — ‘EU external migration spending in Southern Mediterranean and Eastern Neighbourhood countries until 2014’
Date: 2016-03-18
Institutions: European Court of Auditors
Subjects: EU aid, EU expenditure, EU financing, EU migration policy, European cooperation, European neighbourhood policy, Mediterranean region (EU), common foreign and security policy








C_2016103EN.01000301.xml










18.3.2016   


EN


Official Journal of the European Union


C 103/3





Special Report No 9/2016
‘EU external migration spending in Southern Mediterranean and Eastern Neighbourhood countries until 2014’
(2016/C 103/03)
The European Court of Auditors hereby informs you that Special Report No 9/2016 ‘EU external migration spending in Southern Mediterranean and Eastern Neighbourhood countries until 2014’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu or on EU Bookshop: https://bookshop.europa.eu
Decision of the EEA Joint Committee No 63/2016 of 18 March 2016 amending Protocol 47 (on the abolition of technical barriers to trade in wine) to the EEA Agreement [2017/1893]
Date: 2016-03-18
Institutions: EEA Joint Committee
Subjects: Baden-Württemberg, European Economic Area, Germany, Hesse, Rhineland-Palatinate, anhydride, atmospheric conditions, protocol to an agreement, revision of an agreement, wine




L_2017270EN.01003401.xml










19.10.2017   


EN


Official Journal of the European Union


L 270/34








            DECISION OF THE EEA JOINT COMMITTEE
         
No 63/2016
of 18 March 2016
         
amending Protocol 47 (on the abolition of technical barriers to trade in wine) to the EEA Agreement [2017/1893]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2015/596 of 15 April 2015 amending Regulation (EC) No 606/2009 as regards the increase in the maximum total sulphur dioxide content where the climate conditions make this necessary (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding wine. Legislation regarding wine shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the seventh paragraph of the introduction to Protocol 47 to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Protocol 47 to the EEA Agreement should therefore be amended accordingly.





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 10 (Commission Regulation (EC) No 606/2009) of Appendix 1 of Protocol 47 to the EEA Agreement:






‘—



32015 R 0596: Commission Implementing Regulation (EU) 2015/596 of 15 April 2015 (OJ L 99, 16.4.2015, p. 21).’






Article 2
The text of Implementing Regulation (EU) 2015/596 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 19 March 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 18 March 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 99, 16.4.2015, p. 21.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 59/2016 of 18 March 2016 amending Annex XXI (Statistics) to the EEA Agreement [2017/1889]
Date: 2016-03-18
Institutions: EEA Joint Committee
Subjects: EU Member State, EU statistics, European Economic Area, disclosure of information, health care, health expenditure, health statistics, revision of an agreement




L_2017270EN.01002901.xml










19.10.2017   


EN


Official Journal of the European Union


L 270/29








            DECISION OF THE EEA JOINT COMMITTEE
         
No 59/2016
of 18 March 2016
         
amending Annex XXI (Statistics) to the EEA Agreement [2017/1889]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) 2015/359 of 4 March 2015 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council as regards statistics on healthcare expenditure and financing (1) is to be incorporated into the EEA Agreement.












(2)


Annex XXI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 18z5 (Commission Implementing Regulation (EU) No 205/2014) of Annex XXI to the EEA Agreement:







‘18z6.



32015 R 0359: Commission Regulation (EU) 2015/359 of 4 March 2015 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council as regards statistics on healthcare expenditure and financing (OJ L 62, 6.3.2015, p. 6).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:






(a)


Liechtenstein is exempted from providing separate data on day curative care (HC.1.2), day rehabilitative care (HC.2.2) and day long-term care (health) (HC.3.2), which shall be included in the data provided on outpatient curative care (HC.1.3), outpatient rehabilitative care (HC.2.3) and outpatient long-term care (health) (HC.3.3), respectively.










(b)


Liechtenstein is exempted from providing data on enterprise financing schemes (HF.2.3). This exemption shall be subject to review by the EEA Joint Committee whenever figures provided by Liechtenstein demonstrate that the expenditure on enterprise financing schemes in Liechtenstein is no longer negligible.’











Article 2
The text of Regulation (EU) 2015/359 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 19 March 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 18 March 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 62, 6.3.2015, p. 6.

(*1)  No constitutional requirements indicated.
Case T-592/15: Order of the General Court of 18 March 2016 — Novartis v OHIM — SK Chemicals (Representation of a patch) (Community trade mark — Cancellation proceedings — Revocation of the contested decision — No need to adjudicate)
Date: 2016-03-18
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2016200EN.01002501.xml










6.6.2016   


EN


Official Journal of the European Union


C 200/25





Order of the General Court of 18 March 2016 — Novartis v OHIM — SK Chemicals (Representation of a patch)
(Case T-592/15) (1)

((Community trade mark - Cancellation proceedings - Revocation of the contested decision - No need to adjudicate))
(2016/C 200/36)
Language of the case: English

Parties


Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: H. Kunz, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: SK Chemicals GmbH (Eschborn, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 7 August 2015 (Case R 2342/2014-5), concerning cancellation proceedings between SK Chemicals GmbH and Novartis AG.

Operative part of the order

The Court:






1.


Declares that there is no need to adjudicate on the action;










2.


Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay the costs incurred by Novartis AG and SK Chemicals GmbH.






(1)  OJ C 414, 14.12.2015.
Decision of the EEA Joint Committee No 51/2016 of 18 March 2016 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1881]
Date: 2016-03-18
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer information, health risk, labelling, national implementing measure, packaging, revision of an agreement, smoking, tobacco industry




L_2017270EN.01001901.xml










19.10.2017   


EN


Official Journal of the European Union


L 270/19








            DECISION OF THE EEA JOINT COMMITTEE
         
No 51/2016
of 18 March 2016
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1881]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Directive (EU) 2015/1139 of 13 July 2015 amending Directive 2012/9/EU as regards the date for its transposition and the deadline for the end of the transitional period (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in the first indent of point 3 (Directive 2001/37/EC of the European Parliament and of the Council) of Chapter XXV of Annex II to the EEA Agreement:






‘—



32015 L 1139: Commission Directive (EU) 2015/1139 of 13 July 2015 (OJ L 185, 14.7.2015, p. 15).




The provisions of Directive (EU) 2015/1139 shall, for the purposes of this Agreement, be read with the following adaptations:
In Article 1(1) the words “
                  20 May 2016
                  ” shall, as regards the EFTA States, read “the date of the entry into force of the EEA Joint Committee Decision incorporating Directive 2014/40/EU of the European Parliament and of the Council into the EEA Agreement”.
In Article 1(2) the words “
                  20 May 2017
                  ” shall, as regards the EFTA States, read “one year after the date of the entry into force of the EEA Joint Committee Decision incorporating Directive 2014/40/EU of the European Parliament and of the Council into the EEA Agreement”.’.


Article 2
The text of Directive (EU) 2015/1139 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 19 March 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 18 March 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 185, 14.7.2015, p. 15.

(*1)  No constitutional requirements indicated.
Case T-111/16: Action brought on 18 March 2016 — Prada v EUIPO — The Rich Prada International (THE RICH PRADA)
Date: 2016-03-18
Institutions: General Court
Subjects: EU trade mark, beer, clothing, education, leather, non-alcoholic beverage, processed food product, provision of services, registered trade mark, trade-mark law








C_2016175EN.01002101.xml










17.5.2016   


EN


Official Journal of the European Union


C 175/21





Action brought on 18 March 2016 — Prada v EUIPO — The Rich Prada International (THE RICH PRADA)
(Case T-111/16)
(2016/C 175/25)
Language in which the application was lodged: English

Parties


Applicant: Prada SA (Luxembourg, Luxembourg) (represented by: F. Jacobacci, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: The Rich Prada International PT (Surabaya, Indonesia)

Details of the proceedings before EUIPO


Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark ‘THE RICH PRADA’ — Application for registration No 10 228 948

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 13 January 2016 in Joined Cases R 3076/2014-2 and R 3186/2014-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in part, thereby granting Opposition Proceedings No B 2 012 477 in its entirety;










—


in the alternative, uphold the decision of the Second Board of Appeal in its entirety;










—


reverse the order to Prada SA to bear the costs of the appeal to the Board of Appeal, in the amount of €550, and order The Rich Prada International PT to pay such costs;










—


order EUIPO to pay the costs of the procedure.





Plea in law







—


Infringement of Articles 8(1)(b) and 8(5) of Regulation No 207/2009.
Case T-535/15: Order of the General Court of 18 March 2016 — CBM v OHIM — ÏD Group (Fashion ID) (Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)
Date: 2016-03-18
Institutions: General Court
Subjects: EU trade mark, clothing, electronic commerce, registered trade mark, trade-mark law








C_2016191EN.01003201.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/32





Order of the General Court of 18 March 2016 — CBM v OHIM — ÏD Group (Fashion ID)
(Case T-535/15) (1)

((Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate))
(2016/C 191/42)
Language of the case: English

Parties


Applicant: CBM Creative Brands Marken GmbH (Zurich, Switzerland) (represented by: U. Lüken and J. Bärenfänger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: ÏD Group (Roubaix, France)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 July 2015 (Case R 2470/2014-4), relating to opposition proceedings between ÏD Group and CBM Creative Brands Marken GmbH.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


CBM Creative Brands Marken GmbH shall bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 371, 9.11.2015.
Decision of the EEA Joint Committee No 55/2016 of 18 March 2016 amending Annex XIII (Transport) to the EEA Agreement [2017/1885]
Date: 2016-03-18
Institutions: EEA Joint Committee
Subjects: European Economic Area, air safety, air traffic, aircraft, civil aviation, environmental protection, environmental standard, noise protection, revision of an agreement, technical standard




L_2017270EN.01002501.xml










19.10.2017   


EN


Official Journal of the European Union


L 270/25








            DECISION OF THE EEA JOINT COMMITTEE
         
No 55/2016
of 18 March 2016
         
amending Annex XIII (Transport) to the EEA Agreement [2017/1885]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) 2016/4 of 5 January 2016 amending Regulation (EC) No 216/2008 of the European Parliament and of the Council as regards essential requirements for environmental protection (1) is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 66n (Regulation (EC) No 216/2008 of the European Parliament and of the Council) of Annex XIII to the EEA Agreement:






‘—



32016 R 0004: Commission Regulation (EU) 2016/4 of 5 January 2016 (OJ L 3, 6.1.2016, p. 1).’






Article 2
The text of Regulation (EU) 2016/4 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 19 March 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 18 March 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 3, 6.1.2016, p. 1.

(*1)  No constitutional requirements indicated.
Case T-110/16: Action brought on 18 March 2016 — Savant Systems v EUIPO — Savant Group (SAVANT)
Date: 2016-03-18
Institutions: General Court
Subjects: EU trade mark, registered trade mark, service, software, trade-mark law








C_2016175EN.01002001.xml










17.5.2016   


EN


Official Journal of the European Union


C 175/20





Action brought on 18 March 2016 — Savant Systems v EUIPO — Savant Group (SAVANT)
(Case T-110/16)
(2016/C 175/24)
Language in which the application was lodged: English

Parties


Applicant: Savant Systems LLC (Osterville, Massachusetts, United States) (represented by: O. Nilgen, A. Kockläuner, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Savant Group Ltd (Burton in Kendal, United Kingdom)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark ‘SAVANT’ — EU trade mark No 32 318

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 18 January 2016 in Case R 33/2015-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision insofar as protection of the contested EU trademark No 32 318 ‘SAVANT’ was maintained with regard to ‘computer software’ in class 9 and for all services in classes 41 and 42;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 51(1)(a) in connection with Article 15 of Regulation No 207/2009 insofar as the Board of Appeal wrongly held that the proprietor had proven genuine use of the contested CTM for the goods and services as registered, in particular ‘computer software’ and the related services in classes 41 and 42;










—


Infringement, by the Board of Appeal, of the obligation to state reasons why it did not take the ‘in use investigation’ report into consideration.